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BY THE PEOPLE
DEBATING AMERICAN GOVERNMENT
BY THE PEOPLE
DEBATING AMERICAN GOVERNMENT | FOURTH EDITION

JAMES A. MORONE
Brown University

ROGAN KERSH
Wake Forest University
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Library of Congress Cataloging-in-Publication Data

Names: Morone, James A., 1951- author. | Kersh, Rogan, author.

Title: By the people: debating American government / James A. Morone, Brown University, Rogan Kersh, Wake Forest University.
Description: Fourth Edition. | New York: Oxford University Press, [2018] | Includes bibliographical references and index.
Identifiers: LCCN 2018049760 (print) | LCCN 2018050653 (ebook) | ISBN 9780190928629 (ebook) | ISBN 9780190928711 (Paperback) | ISBN
9780190928636 (Looseleaf)
Subjects: LCSH: United States—Politics and government—Textbooks. | United States. Constitution.
Classification: LCC JK276 (ebook) | LCC JK276 .M67 2019 (print) | DDC 320.473—dc23
LC record available at https://lccn.loc.gov/2018049760

987654321

Printed by LSC Communications, United States of America

Many teachers and colleagues inspired us. We dedicate this book to four who changed our lives. Their passion
for learning and teaching set the standard we aim for every day—and on every page that follows.

Richard O’Donnell
Murray Dry
Jim Barefield
Rogers Smith
By the People comes from the Gettysburg Address. Standing on the battlefield at Gettysburg, President
Abraham Lincoln delivered what may be the most memorable presidential address in American history—
defining American government as a government “of the people, by the people, for the people.” Here is the full
address.

F our score and seven years ago our fathers brought forth on this continent, a new nation, conceived in
liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so
dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a
portion of that field, as a final resting place for those who here gave their lives that that nation might live.
It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate—we can not consecrate—we can not hallow—this ground.
The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to
add or detract. The world will little note, nor long remember what we say here, but it can never forget
what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they
who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task
remaining before us—that from these honored dead we take increased devotion to that cause for which
they gave the last full measure of devotion—that we here highly resolve that these dead shall not have
died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the
people, by the people, for the people, shall not perish from the earth.
Brief Contents
About the Authors
Preface
Acknowledgments

PART I IDEAS AND RIGHTS

1 The Spirit of American Politics

2 The Ideas That Shape America

3 The Constitution

4 Federalism and Nationalism

5 Civil Liberties

6 The Struggle for Civil Rights

PART II POLITICAL BEHAVIOR

7 Public Opinion

8 Political Participation

9 Media, Technology, and Government

10 Campaigns and Elections

11 Political Parties

12 Interest Groups

PART III POLITICAL INSTITUTIONS

13 Congress

14 The Presidency

15 Bureaucracy

16 The Judicial Branch

PART IV POLICYMAKING
 17 Public Policymaking and Budgeting

18 Foreign Policy

APPENDIX I
The Declaration of Independence

APPENDIX II
The Constitution of the United States of America

APPENDIX III
The Federalist Papers nos. 1, 10, and 51

Glossary
Notes
Credits
Index
Presidential Elections, Congressional Control, 1789–2019
Contents
Cover
Half Title
Title Page
Copyright
Dedication
Dedication
Brief Contents
About the Authors
Preface
Acknowledgments

PART I IDEAS AND RIGHTS

1 The Spirit of American Politics

Who Governs?
WHAT DO YOU THINK? WHO GOVERNS?
How Does American Politics Work?
Ideas
Institutions
Interests
Individuals
History
What Does Government Do?
Context: Government in Society
No Big Government!
What Government Does
A Chronic Problem
COMPARING NATIONS 1.1 U.S. Taxpayers Less Burdened Than Other Advanced Countries
The Hidden Government
The Best of Government

Who Are We?

COMPARING NATIONS 1.2 Aging Populations
INFO DATA Demographics in America: How Are Race and Ethnicity Changing Over Time?

WHAT DO YOU THINK? GETTING ENGAGED IN POLITICS—OR NOT

 Conclusion: Your Turn
Chapter Summary
Key Terms
Study Questions

2 The Ideas That Shape America

A Nation of Ideas
BY THE NUMBERS American Ideas
Liberty
“The Land of the Free”
The Two Sides of Liberty
WHAT DO YOU THINK? NEGATIVE VERSUS POSITIVE LIBERTY
The Idea of Freedom Is Always Changing

Self-Rule
One Side of Self-Rule: Democracy
Another Side of Self-Rule: A Republic
A Mixed System
Limited Government
The Origins of Limited Government
And Yet . . . Americans Keep Demanding More Government
COMPARING NATIONS 2.1 Satisfaction With How Democracies Are Working
Limits on Government Action
When Ideas Clash: Democracy and Limited Government
WHAT DO YOU THINK? DEMOCRACY VERSUS LIMITED GOVERNMENT
Individualism
Community Versus Individualism
COMPARING NATIONS 2.2 Should Government Take Care of the Poor?
The Roots of American Individualism: Opportunity and Discord
Golden Opportunity
Social Conflict
Who We Are: Individualism and Solidarity?
WHAT DO YOU THINK? INDIVIDUALISM VERSUS SOLIDARITY
The American Dream
Spreading the Dream
Challenging the Dream
Is the System Tilted Toward the Wealthy?
Does the American Dream Promote the Wrong Values?
COMPARING NATIONS 2.3 Social Mobility Around the World

Equality
 Three Types of Equality
INFO DATA Most Americans Believe: There Is “Opportunity to Get Ahead”
How Much Economic Inequality Is Too Much?
Opportunity or Outcome?
Religion
Still a Religious Country
So Many Religions
Politics of Religion
How Do Ideas Affect Politics?
Ideas in American Culture
Ideas in Political Institutions
Culture or Institutions?
Conclusion: Culture and Institutions, Together
Chapter Summary
Key Terms
Study Questions

3 The Constitution
BY THE NUMBERS The Constitution
The Colonial Roots of the Constitution
COMPARING NATIONS 3.1 The U.S. Constitution in Comparative Context

Why the Colonists Revolted

The Colonial Complaint: Representation
The Conflict Begins with Blood on the Frontier
The Stamp Tax and the First Hints of Independence
The Townshend Acts Worsen the Conflict
The Boston Tea Party
Revolution!
A Long Legacy
The Declaration of Independence
The Principle: “We Hold These Truths . . .”
Grievances
The First American Government: The Articles of Confederation
Independent States
The National Government
Some Success . . .
. . . And Some Problems
Secrecy
WHAT DO YOU THINK? YOUR ADVICE IS NEEDED
The Constitutional Convention
1. How Much Power to the People?
 2. National Government Versus State Government
3. Big States Versus Small States
The Virginia Plan
The New Jersey Plan
The Connecticut Compromise
4. The President
Committee or Individual?
The Electoral College
The President: Too Strong or Too Weak?
5. Separation of Powers
6. “A Principle of Which We Were Ashamed”
The Three-Fifths Compromise
The Slave Trade
Fugitive Slaves
“The National Calamity”
An Overview of the Constitution
Preamble
Article 1: Congress
WHAT DO YOU THINK? HAVE WE ACHIEVED THESE NATIONAL GOALS TODAY?
Article 2: The President
COMPARING NATIONS 3.2 The U.S. Government Is Different from Most Democracies
Article 3: The Courts
Article 4: Relations Between the States
Article 5: Amendments
Article 6: The Law of the Land
Article 7: Ratification
The Missing Articles
Ratification
The Anti-Federalists
The Federalists
Two Strong Arguments
A Very Close Vote
A Popular Surge Propels People into Politics
Changing the Constitution
The Bill of Rights
The Seventeen Amendments
The Constitution Today
WHAT DO YOU THINK? HOW STRICTLY SHOULD WE INTERPRET THE CONSTITUTION?
INFO DATA Amend the Constitution Today? On What Issue?

Conclusion: Does the Constitution Still Work?

Chapter Summary
Key Terms
Study Questions
4 Federalism and Nationalism
BY THE NUMBERS Federalism and Nationalism
Forging Federalism
Who Holds Government Authority?
Advantages of State-Level Policy
The Advantages of National Policy
INFO DATA Regulatory Policies: Differ by State

PRESERVING LOCAL VALUES OR PROMOTING CONSISTENT

WHAT DO YOU THINK?
NATIONAL POLICY?
How Federalism Works
The Constitution Sets the Ground Rules
The Constitution Empowers National Authority
The Constitution Protects State Authority
The Constitution Authorizes Shared Power
Dual Federalism (1789–1933)
Cooperative Federalism (1933–1981)
New Federalism
Progressive Federalism
Education
Healthcare
Federalism Today
Issues in Federalism
Unfunded Mandates
The Problems We Face: How Government Grows
Drowned in the Bathtub? Reducing the Federal Government
On Both Sides of the Issue
In a Nutshell: Our Three-Dimensional Political Chess
Federalism in the Courts
Nationalism, American Style
The Rise of American Nationalism
America’s Weak National Government
Size
COMPARING NATIONS 4.1 Government Spending as a Proportion of Gross Domestic Product
Authority
Independence
Conclusion: Who Are We?
Chapter Summary
Key Terms
Study Questions

5 Civil Liberties
The Rise of Civil Liberties
Civil Rights and Civil Liberties
BY THE NUMBERS Civil Liberties
The Purpose of Civil Liberties
The Slow Rise of Civil Liberties
Privacy
“Penumbras” and “Emanations”
Roe v. Wade
WHAT DO YOU THINK? IS THERE A RIGHT TO PRIVACY?
Planned Parenthood v. Casey
Sex Between Consenting Adults
Clashing Principles
Freedom of Religion
The Establishment Clause
Free Exercise of Religion
WHAT DO YOU THINK? MAY THE CHRISTIAN YOUTH CLUB MEET IN SCHOOL?
Freedom of Speech
A Preferred Position
Political Speech
COMPARING NATIONS 5.1 Civil Liberties Around the World
Symbolic Speech
Limits to Free Speech: Fighting Words
WHAT DO YOU THINK? FREE SPEECH ON CAMPUS
Limited Protections: Student Speech

Freedom of the Press

Prior Restraint
Obscenity
Libel
The Right to Bear Arms
A Relic of the Revolution?
The Palladium of All Liberties?
INFO DATA Guns on Campus: Should Colleges Allow Concealed Carry?

The Rights of the Accused

The Fourth Amendment: Search and Seizure
The Fifth Amendment: Rights at Trials
The Sixth Amendment: The Right to Counsel
The Eighth Amendment: The Death Penalty
WHAT DO YOU THINK? END THE DEATH PENALTY?
Terrorism, Non-Citizens, and Civil Liberties
Contacts with Forbidden Groups
Surveillance
The Rights of Non-Citizens
Conclusion: The Dilemma of Civil Liberties
 Chapter Summary
Key Terms
Study Questions

6 The Struggle for Civil Rights

Winning Rights: The Political Process

Seven Steps to Political Equality
BY THE NUMBERS Civil Rights
How the Courts Review Cases
Suspect Categories
Quasi-Suspect Categories
Nonsuspect Categories
Race and Civil Rights: Revolt Against Slavery
The Clash over Slavery
Abolition
Economics
Politics
Dred Scott v. Sandford
The Second American Founding: A New Birth of Freedom?
Freedom Fails
The Fight for Racial Equality
Two Types of Discrimination
The Modern Civil Rights Campaign Begins
The Courts
The Civil Rights Movement
Congress and the Civil Rights Act
Divisions in the Movement
The Post Civil Rights Era
Affirmative Action in the Workplace
Affirmative Action in Education
WHAT DO YOU THINK? HIGHER EDUCATION AND AFFIRMATIVE ACTION
Women’s Rights
Suffrage
The Civil Rights Act of 1964
COMPARING NATIONS 6.1 Percentage of Women in National Legislatures: Selected Countries
Equal Rights Amendment
The Courts
Progress for Women—But How Much?
Hispanics
Challenging Discrimination
The Politics of Immigration
Ancient Fears
 Three Categories
Undocumented Individuals
Language Controversy: Speak English!
Political Mobilization
Asian Americans
Native Americans
The Lost Way of Life
Indians and the Federal Government
Social Problems and Politics
Native Americans and the Courts
Groups Without Special Protection
People with Disabilities
Sexual Orientation and Gender Identity
INFO DATA Protections for Sexual Orientation and Gender Identity: How Do Employment Laws Vary by State?

The Fight for Civil Rights Goes On

Voting Rights Today
Economic and Social Rights Today
Health
Income
Incarceration
Conclusion: Civil Rights . . . By the People
Chapter Summary
Key Terms
Study Questions

PART II POLITICAL BEHAVIOR

7 Public Opinion
BY THE NUMBERS Public Opinion
Sources of Public Opinion
Political Socialization
Parents and Friends
Education
Gender
Race
Religion
Life Events
Party
Self-Interest: Voting Our Pocketbooks
Elite Influence
Wars and Other Focusing Events
Measuring Public Opinion
 Polling Bloopers
Polling 101
The Random Sample
Sampling Frame
Refining the Sample
Timing
INFO DATA Pollsters Face Growing Challenge: How Can They Persuade Americans to Participate in Polls?
Wording
Lies, Damn Lies, and Polls
Technology and Error
Sampling Error and Response Bias
COMPARING NATIONS 7.1 Top Global Threats: Polling Around the World
How Did They Do?
WHAT DO YOU THINK? IS POLLING BAD FOR DEMOCRACY?
Do Opinion Surveys Influence Us?

Public Opinion in a Democracy

Ignorant Masses
The Rational Public
WHAT DO YOU THINK? HOW CLOSELY SHOULD ELECTED OFFICIALS FOLLOW PUBLIC
OPINION?
Public Opinion and Governing
Do the People Know What They Want?
How Do the People Communicate Their Desires?
Do Leaders Respond to Public Opinion?
Conclusion: Government by the People
Chapter Summary
Key Terms
Study Questions

8 Political Participation

How We Participate
Traditional Participation
BY THE NUMBERS Political Participation
Voting
Electoral Activities
Political Voice
Civic Voluntarism
Direct Action
WHAT DO YOU THINK? WOULD YOU HAVE PROTESTED?
The Participation Puzzle

Why People Get Involved

Background: Age, Wealth, and Education
 Age
Wealth
Education
INFO DATA Public Rallies: What Issues Draw People to Protest?
Race
Friends and Family
Community
Political Mobilization
Government Beneficiaries
Historical Context
What Discourages Political Participation?
Alienation
COMPARING NATIONS 8.1 Voter Turnout in Selected Countries
Institutional Barriers
COMPARING NATIONS 8.2 Trust in Government
Complacency
Shifting Mobilization Patterns

New Avenues for Participation: The Internet, Social Media, and the Millennial Generation
Scenario 1: Rebooting Democracy
Scenario 2: More Hype and Danger Than Democratic Renaissance
Does Social Media Increase Political Participation?
How the Millennial Generation Participates
Conclusion
WHAT DO YOU THINK? SHOULD VOTING BE REQUIRED BY LAW?
Chapter Summary
Key Terms
Study Questions

9 Media, Technology, and Government

BY THE NUMBERS The Media
Media and American Democracy
Providing Information
Watching Political Leaders
Shaping the Political Agenda
U.S. Media Today: Traditional Formats Are Declining
Where People Go for News
Newspapers and Magazines: Rise and Decline
Radio Holds Steady
Television: From News to Infotainment
The Rise of Cable
Infotainment
The Rise of the New Media
 Is the Media Biased?
Are Reporters Politically Biased?
Profits Drive the News Industry
Drama Delivers Audiences
Investigative “Bias”
WHAT DO YOU THINK? IS THE MEDIA OBJECTIVE? SHOULD IT BE?
The Fairness Bias

How Governments Shape the Media

The First Amendment Protects Print Media from Regulation
Regulating Broadcasters
Protecting Competition
Media Around the World
INFO DATA Media Consolidation: Who Produces, Distributes, and Owns the Media?
Government-Owned Stations
Censorship
COMPARING NATIONS 9.1 Censorship Under Pressure?
American Media in the World

Understanding the Media in Context: War, Terrorism, and U.S. Elections

Covering Wars and Terrorism
The Campaign as Drama
Candidate Profiles
Conclusion: At the Crossroads of the Media World
Chapter Summary
Key Terms
Study Questions

10 Campaigns and Elections

How Democratic Are American Elections?

Frequent and Fixed Elections
BY THE NUMBERS Campaigns and Elections
COMPARING NATIONS 10.1 Election Timetables for National Government
Over 520,000 Elected Officials
WHAT DO YOU THINK? ELECTED APPOINTED POSITIONS?
Barriers to Voting
Financing Campaigns: The New Inequality?
Too Much Money?
Democracy for the Rich?
Major Donors: Easier to Give
INFO DATA Money in Elections: The New Rules

Presidential Campaigns and Elections

Who Runs for President?
 The Three Phases of Presidential Elections
Winning the Nomination
WHAT DO YOU THINK? WHY LOWA AND NEW HAMPSHIRE?
Organizing the Convention
The General Election
Winning Presidential Elections
The Economy
Demographics
War and Foreign Policy
Domestic Issues
The Campaign Organization
Parties Matter
The Electoral College and Swing States
That Elusive Winning Recipe
Predicting Presidential Elections
Congressional Elections
Candidates: Who Runs for Congress?
The Power of Incumbency
Patterns in Congressional Elections
Redrawing the Lines: The Art of the Gerrymander
Nonpartisan Districting and Minority Representation
Congressional Campaigns
Candidate-Centered Elections
How to Run for Congress
Key 1: Money
Key 2: Organization
Key 3: Strategy
Key 4: Message
Conclusion: Reforming American Elections
Chapter Summary
Key Terms
Study Questions

11 Political Parties

Political Parties and U.S. Government

BY THE NUMBERS Political Parties
What the Parties Do
Parties Champion Ideas
Parties Select Candidates
Parties Mobilize the Voters
Parties Organize Governing Activity After the Election
Parties Help Integrate New Groups into the Political Process
Two-Party America
COMPARING NATIONS 11.1 Organizing Electoral/Governing Systems
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maintained that if a further investigation had been held in the cases
of many who were set free, their guilt might have been made
apparent. Some that had served on the juries that had condemned
the victims put forth a paper admitting their delusion and begging
92
pardon of God and man for their mistake. The impressive story of
Sewall’s penitence, and public confession of his fault in the South
Church in Boston, is well known; more consistent and logical was the
declaration of the stern-tempered Stoughton, that when he sat in
judgment he had the fear of God before his eyes, and gave his
opinion according to the best of his understanding; and, although it
might appear afterwards that he had been in error, yet he saw no
93
necessity for a public acknowledgment of it.
Parris, whose part in these acts of folly and delusion had been
the most prominent of all, and who was strongly suspected of having
used the popular frenzy to ruin some of his personal antagonists,
was compelled to resign his position and leave the people whom he
94
had so grossly misled. Noyes, whose delusion had been at least
sincere, made public confession of his fault, and was forgiven by his
congregation and by the community that had erred with him. Thus
ended one of the most painful episodes in the early history of New
England.
The other colonies in America were not so entirely free from this
superstition that they should reproach the Puritans for it as a special
and peculiar product of their religious system. There were cases in
New York, Pennsylvania, Maryland, and Virginia, though there is no
record of any one having been put to death for the offence in those
colonies. In Pennsylvania, under the prudent instructions of William
Penn, who seems to have been less superstitious than the
Massachusetts Quakers, the jury brought in a verdict that the person
accused was guilty of “being suspected of being a witch,” and,
95
fortunately, at that time suspicion was not punishable. In New York,
a certain Ralf Hall and his wife were tried in 1665, but were
acquitted, and an attempt, in 1670, to create an excitement in
Westchester over Katharine Harrison, who had moved thither from
 96
Connecticut, was sternly suppressed. There were trials for
witchcraft in Maryland in the last quarter of the seventeenth century;
and in Virginia in 1705, thirteen years later than the Salem trials, a
97
witch was ducked by order of court.
It is hard to decide how much of all this was panic and how much
deliberate fraud and imposture. There is no reason to suspect
anything worse than pure superstition in the early cases in
Massachusetts and Connecticut; but the marvellous attacks of the
Goodwin children in Boston and of the Parris girls in Salem seem to
98
belong to a different category. It is almost incredible that the girl
who played so cleverly upon the vanity and the theological
prejudices of Cotton Mather was not fully aware of what she was
doing; and the fact that the Parris children accused persons with
whom their father had previously had trouble, renders their delusion
extremely suspicious. The great St. Benedict is reported to have
cured a brother who was possessed by the devil by thrashing him
soundly; and it is much to be regretted that the Protestantism of the
New Englanders prevented their knowing and experimenting with the
saint’s specific, which, in all ages of the world, has been admitted to
be wonderfully efficacious. It has been held by many that the
testimony at Salem was deliberately fabricated; Hutchinson, writing
at a time when men who could remember the trials were yet living, is
strongly of that opinion. The case does not, however, seem as clear
as that of the Goodwins; and of them Hutchinson, as has been said,
reports that they were estimable women who had never
acknowledged any deception on their part.
The phenomena of mental disease are so strange and
complicated that at the present day men are not as ready to set
everything down to fraud as they were a hundred years ago. It is
possible to account psychologically for all the phenomena recorded,
without being obliged to adopt any very violent hypothesis. Even if at
the outset the children in either case were pretending, it is quite as
conceivable that they should have passed from pretence of nervous
symptoms to the reality, as it is to think that absolute fraud would
pass so long undetected. The symptoms described are such as
would be recognized by any alienist to-day, and could be duplicated
out of the current medical journals. It may also be noticed that many
of the possessed were girls just coming to maturity, and thus of an
age when the nervous system was passing through a period of
strain.
The rapidity with which the panic spread was most remarkable,
and it is painful to notice the abject terror into which the population
was thrown. Parents accused their children, and children their
parents, and, in one case at least, a wife her husband. Some men
were tied neck and heels until they would confess and accuse
99
others. It was a period of the most pitiful mental and spiritual
cowardice, and those that were most directly responsible for the
shameful condition of affairs were men who, from their learning and
their position, should have been the leaders and sustainers of the
popular conscience in soberness of mind and charity. But the
ministers of New England had emphasized the necessity of a belief
in witchcraft as a part of the Divine revelation. The Old Testament
spoke of witches, and had said, “Thou shalt not suffer a witch to
live,” while the New Testament supplied the idea of diabolical
possession; hence they argued, with a style of argument not yet
disused, that any one who denied the existence of witchcraft was a
Sadducee and an impugner of the truth of God’s Word. Soon the
reasoning was extended to prove that any one who denied that the
particular phenomena under discussion were caused by witchcraft
was an enemy of religion. The ministers, as has been said, have an
unenviable prominence in the accounts of this disastrous delusion.
They were as forward in destroying the witches as their
predecessors had been in persecuting the Quakers. They hounded
on the judges and juries in their bloody work, they increased the
popular excitement by their public fasts and prayers and sermons,
they insulted the victims on the scaffold. It is no wonder that, under
such leadership, the population was excited to madness. It was only
when they found their own families and friends accused by those on
whose testimony others as innocent had been destroyed, that they
were able to recognize that the accusations were absurd and the
evidence worthless. Yet it may be said on their behalf that they were
not really as far in advance of the majority of their contemporaries as
they imagined they were, and it is to their credit that, when their eyes
were opened, they were opened thoroughly and not closed again.
Cases of witchcraft now disappeared from New England, while in
other lands, where there was the same sombre Calvinism but less
enlightenment, as in Scotland, the delusion continued for many
100
years.
The theological spirit now devoted itself to barren questions of
little moment, around which wordy battles raged and hatreds
developed, only less destructive than those in the previous century
because the divines were no longer the rulers of the state. Religion
sank into a barren formalism, which had no noble or time-honored
forms to redeem it from utter indifference. From this deplorable
condition it was roused by three influences which led to a spiritual
revival: the Episcopal movement in Connecticut, the preaching and
writings of Jonathan Edwards in western Massachusetts, and the
preaching of Whitefield. The dry bones once more lived, and the
descendants of the Puritans manifest by their earnest activity and
deep spirituality how stout and strong was the stock from which they
have inherited many of their most precious characteristics. They may
be thankful that the old bigotry has not returned, and that they are
now saved from all danger of interfering with public affairs by the
complete separation of church and state.
Panic terror of the supernatural, whenever it has occurred, has
been a parody of the prevailing form of religion. When the religious
ideas are at once narrow and introspective, when the social life is
poor and unsatisfying, and when there is also a profound ignorance
of bodily and mental physiology, we have the combined conditions
for the ready and serious development of religious panic. Such were
the circumstances of the witchcraft delusion that followed the
religious revival due to the preaching of the Franciscan friars; such
were the circumstances in Sweden in the seventeenth century, and
in Scotland in the eighteenth; such were the circumstances in New
England at the period we have considered. The isolated cases which
appeared in various countries from time to time were the result of
superstition and ignorance. That they did not cause a panic may be
attributed in some cases to the better social condition; in others, to
the presence in the community of men of sense and character who
prevented the spread of delusion and calmed, instead of exciting, the
minds of their fellows. It is one of the saddest features of the Salem
trials, that though prominent men whose influence might have been
expected to be exercised on the side of soberness, disbelieved in
the reality of the “possession” and criticised privately the methods
employed, yet they allowed the delusion to proceed to its tragical
extent without interposing their authority to prevent or at least to
denounce it. Brattle, in his account of the delusion, written in October
1692, mentions many by name who agreed with him in condemning
the proceedings of the justices in Salem, and the judges of the Court
of Oyer and Terminer, but looked on while the unfortunates were
tormented into confession and put to death at the demand of popular
101
frenzy.
Though we talk of the progress that the race has made in
learning and enlightenment, it is alarming to notice how ineradicable
are the superstitions of mankind, how germs which men deem dead
really lurk dormant for ages, and then develop themselves with
startling rapidity when they find the proper menstruum. Man, like
other animals, seems to exhibit a tendency from time to time to
revert to the original type, and to reproduce the physiognomy of
long-perished races, with their fears and their hatreds, their low
spiritual conceptions and their dominant animal passions. It is the
work of education, of civilization, and of religion to strive against this
tendency. We can only hope that as men have, in spite of this, made
steady progress in many directions, and have conquered and are
conquering the animal that is in them, they may in time get the better
of all the evil legacies which their primeval ancestors have
bequeathed them. Modern science has removed the fear of the
plague in all civilized countries and is lessening the danger of the
cholera; in like manner, we may hope the old terrors will also in time
be swept away, and man be freed from any danger of their
recurrence.
 NOTES.
51
Even Winthrop, the governor of Massachusetts, wise and good
as he was, recorded in his History his direful forebodings
occasioned by the appearance of a monstrosity which the
unfortunate Mary Dyer, who was afterwards hanged as a
Quaker, had brought into the world. History of New England, i.
261–3.
52
Demonologie, in forme of a dialogue, 1st Ed., Edinburgh, 1597,
4to.
53
1 Jac. I. c. 12.
54
State Trials, vol. ii. pp. 786–862.
55
Baxter, Richard, D. D., The Certainty of the Worlds of Spirits,
p. 53.
56
A Tryal of Witches, printed 1682, published with a treatise of
Sir Matthew Hale’s on Sheriffs’ Accompts, London, 1683. Sir
Matthew’s charge was to the following effect: “That he would
not repeat the Evidence unto them, least by so doing he
should wrong the Evidence on the one side or on the other.
Only this acquainted them, That they had Two things to
enquire after. First, whether or no these children were
bewitched? Secondly, whether the Prisoners at the Bar were
Guilty of it. That there were such Creatures as Witches he
made no doubt at all; For, First, the Scriptures had affirmed so
much. Secondly, The Wisdom of all Nations had provided laws
against such persons, which is an argument of their confidence
in such a Crime. And such hath been the judgment of this
Kingdom, as appears by that Act of Parliament which hath
 provided Punishments proportionable to the quality of the
offense. And desired them strictly to observe their Evidence;
and desired the great God of Heaven to direct their Hearts in
this weighty thing they had in hand: For to condemn the
Innocent, and to let the Guilty go free, were both an
abomination unto the Lord.” (pp. 55, 56.)
57
A Tryal of Witches, pp. 41, 42.
58
Winthrop, ii. 307. Stiles, Ancient Windsor, i. 447.
59
Winthrop, ii. 326. Hutchinson, Hist. of Massachusets-Bay
(London, 1765–1768), i. 150. Mass. Rec., ii. 242, iii. 126,
seems to refer to this case, though no names are given.
60
Mather, Cotton, Late Memorable Providences, pp. 62–65.
Magnalia, Book vi. ch. 7.
61
W. S. Poole, in Memorial History of Boston, ii. 133 note.
Hutchinson, ii. 10.
62
Mass. Rec., iv. (1), 47, 48.
63
Mass. Rec., i. (1), 96.
64
Conn. Colonial Records, i. 220; cf. New Haven Col. Rec., ii.
78.
65
History of Hartford County (Conn.), Sketch of Wethersfield, by
S. Adams.
66
New Haven Col. Rec., ii. 78. Lydia Gilbert, of Windsor, was
indicted for witchcraft, March 24th, 1653–4, but there is no
record of the issue of her trial. Stiles, Ancient Windsor, i. 449,
450.
67
Mass. Records, iv. (1), 269.
68
Hutchinson, i. 187, 188.
69
Conn. Col. Rec., i. 573. Mather, Remarkable Providences, 139.
Walker, Geo. Leon, D. D., History of the First Church in
Hartford. Hutchinson, ii. 16, 17.
70
Judd, History of Hadley, 233. Conn. Col. Rec., ii. 172. For her
subsequent troubles in N. Y., Documentary Hist. of N.Y., iv. 87.
71
Calef, More Wonders of the Invisible World. Conn. Col. Rec.,
iii. p. v. and 76, 77 note.
72
Hutchinson, ii. p. 18. “But in 1685, a very circumstantial
account of all or most of the cases I have mentioned was
published, and many arguments were brought to convince the
country that they were no delusions nor impostures, but the
effects of a familiarity between the devil and such as he found
fit for his instruments.”
73
A Tryal of Witches, London, 1682.
74
Horneck, in Glanvil’s Saducismus Triumphatus, London, 1681.
75
It will be remembered, that much against the will of the Puritan
leaders, they had been compelled by the royal authority to
allow the use of the service of the Church of England, which
they and their friends in England had fancied some years
before that they had destroyed. For a similar instance of
combined bigotry and superstition, cf. Winthrop’s history of the
mice and the Prayer Books. Hist. of New England, ii. 20.
76
Mather, Cotton, D. D., Late Memorable Providences. Magnalia
Christi, Book vi. ch. 8. Hutchinson, ii. 20.
77
Late Memorable Providences, London, 1691; 2d Impression.
Calef, More Wonders of the Invisible World, postscript.
78
Calef, More Wonders, p. 90. Hutchinson, ii. 11. Upham, The
Salem Witchcraft.
79
Brattle, Mass. Hist. Soc. Collections, v. 62, 70, 71. The way in
which Parris conducted the investigations may be seen from
the following extracts from the examination of Elizabeth How,
May 31st, 1692:
“Mercy Lewis and Mary Walcot fell in a fit quickly after the
examinant came in. Mary Walcot said that this woman the
examinant had pincht her & choakt this mouth. Ann Putnam
said that she had hurt her three times.
What say you to this charge? Here are three that charge you
with witchcraft.
If it was the last moment I was to live, God knows I am
innocent of anything in this nature.
Did you not take notice that now when you lookt upon Mercy
Lewis she was struck down?
I cannot help it.
You are charged here. What doe you say?
I am innocent of anything of this nature.
Is this the first time that ever you were accused?
Yes, Sir.
Do you not know that one at Ipswich hath accused you?
This is the first time that ever I heard of it.
You say that you never heard of these folks before.
Mercy Lewis at length spake and charged this woman of
with hurting and pinching her.
And then Abigail Williams cryed she hath hurt me a great
many times, a great while & she hath brought me the book.
Ann Putnam had a pin stuck in her hand. What do you say to
this?
I cannot help it.
 What consent have you given?
Mercy Warren cryed out she was prickt & great prints were
seen in her arms.
Have you not seen some apparition?
No, never in all my life.
Those that have confessed they tell us they used images
and pins, now tell us what you have used.
You would not have me confess that which I know not.
She lookt upon Mary Warren & said Warren violently fell
down.
Look upon this maid viz: Mary Walcot, her back being
towards the Examinant.
Mary Warren and Ann Putnam said they saw this woman
upon her. Susan Sheldon saith this was the woman that
carryed her yesterday to the Pond. Sus. Sheldon carried to the
examinant in a fit & was well upon grasping her arm.
You said you never heard before of these people.
Not before the warrant was served upon me last Sabbath
day.
John Indian cryed out Oh she bites & fell into a grievous fit &
so carried to her in his fit, & was well upon her grasping him.
What do you say to these things? they cannot come to you.
I am not able to give account of it.
Cannot you tell what keeps them off from your body?
I cannot tell, I know not what it is.
That is strange that you should do these things & not be able
to tell how.
This is a true copy of the examination of Eliz. How taken
from my characters written at the time thereof.
 Witness my hand
Sam. Parris.”
Woodward, Records of Salem Witchcraft, II., 69–94.
80
Brattle, ut supra, 65, 72, 78.
81
This confession is cited from Hutchinson, History of
Massachusets-Bay, ii. pp. 31–33.
82
This was the commonly received opinion, and though opposed
by Increase Mather, was much insisted on by Stoughton, the
lieutenant-governor, and proved the destruction of many; as, if
an innocent person could not be personated, it followed that
those who were accused by the possessed were certainly
guilty. Cf. Brattle, Mass. Hist. Soc. Collections, vol. v. 61 ff., on
spectral evidence, and the bigotry and unfairness of
Stoughton. Increase Mather, Some Cases of Conscience
concerning Evil Spirits.
83
Hutchinson, ii. 49. Mather, Cotton, Wonders of the Invisible
World, 65–70.
84
It is interesting, though painful, to find as a prominent witness
against Bishop, one Samuel Shattuck, the son of the Quaker
who, thirty years before, had delivered to Endicott the order
from Charles II. which had freed himself and his friends from
the extremes of Puritan cruelty.
85
Mather, Increase, D. D., Cases of Conscience concerning Evil
Spirits, Postscript.
86
Calef, More Wonders of the Invisible World.
87
Brattle, Mass. Hist. Soc. Collections, v. 66, 67. The case of
Elizabeth How, mentioned above, is a good example of the
way in which neighborhood quarrels and church quarrels were
dragged in. She had had a falling out with a family by the name
of Perley some two years before, and they now came forward
with depositions that she had bewitched their cows so that they
 gave no milk, and one of their children so that it pined away.
“After this,” swears Samuel Perley, “the abovesaid goode how
had a mind to ioyn to ipswich church thai being unsatisfied
sent to us to bring in what we had against her and when we
had declared to them what we knew thai see cause to Put a
stop to her coming into the church. Within a few dais after I
had a cow wel in the morning as far as we knew this cow was
taken strangli runing about like a mad thing a litle while and
then run into a great Pon and drowned herself and as sone as
she was dead mi sons and miself towed her to the shore, and
she stunk so that we had much a doe to flea her.”
The ministers of Rowley investigated the case of the Perley
child, and were evidently convinced that the parents had put
the idea into the child’s head, and gave plain testimony to that
effect, and several neighbors came forward with testimony to
the prisoner’s good character. But a fresh collection of marvels
was adduced by a family of the name of Comins or Cummins
who accused her of bewitching their horses, and other
neighbors, not to be outdone, testified to other strange
occurrences, and the court condemned her and she was
executed on the sixteenth of July. She was, however, only
convicted upon the evidence obtained in Parris’s investigation,
though the testimony of her Ipswich neighbors undoubtedly
had great weight with the jury. The other trials are of much the
same character, some revealing a most fiendish animosity on
the part of neighbors or relatives, and leaving a very painful
impression of the condition of country life in New England at
that time. For testimony as to the cowardice of friends and
neighbors and the confessions extorted from weak-minded
persons, see letter of Francis Dane, Sen.; Woodward,
Records, II., 66–68.
88
Brattle, ut supra 68, 69.
89
Drake, Annals of Witchcraft, 193.
90
Increase Mather says: “In December the court sat again at
Salem in New England, and cleared about 40 persons
suspected for witches, and condemned three. The evidence
against these was the same as formerly, so the Warrant for
their Execution was sent, and the Graves digged for the said
three, and for about five more that had been condemned at
Salem formerly, but were Repreived by the Governour.
In the beginning of February, 1693, the Court sate at
Charlestown, where the Judge exprest himself to this effect.
That who it was that obstructed the Execution of Justice, or
hindered those good proceedings they had made, he knew
not, but thereby the Kingdom of Satan was advanc’d, etc. and
the Lord have mercy on this Country; and so declined coming
any more into Court. In his absence Mr. D—— sate as Chief
Judge 3 several days, in which time 5 or 6 were cleared by
Proclamation, and almost as many by Trial; so that all were
acquitted....
So that by the Goodness of God we are once more out of
present danger of this Hobgoblin monster; the standing
evidence used at Salem were called, but did not appear.
There were others also at Charlestown brought upon their
Tryals, who had formerly confessed themselves to be witches;
but upon their Tryals deny’d it; and were all cleared; So that at
present there is no further prosecution of any.” A Further
Account of the Tryals, London, 1693, p. 10.
The court apparently met December 31st, and sat into
January, which would account for the apparent discrepancy in
regard to the time of its session.
91
The authorities were accused of great partiality in allowing, in
several cases, persons accused by the afflicted to escape,
when they were either related to them or their personal friends.
Brattle, pp. 69, 70.
92
Calef, More Wonders, p. 144.
93
Calef, p. 144. Hutchinson, ii. 61.
94
Calef, pp. 55–64.
95
Smith, History of Delaware County, 152, 153.
96
Documentary History of the State of New York, iv. 85–88.
97
Barber, Historical Collections, Virginia, 436–438.
98
Hutchinson, ii. 62.
99
Calef, p. 105. Brattle, as above, pp. 72, 78.
100
Hutchinson, ii. 22.
101
Brattle, as above, p. 75.
 III.
SIR EDMUND ANDROS.

The casual reader of the usual American histories will receive

from them an impression that Sir Edmund Andros was a merciless
tyrant, whose administration was only redeemed from being utterly
disastrous by its imbecility. Even Doyle in his first volume of The
English in America describes him as a wretched “placeman,” though
in his later volumes he somewhat modifies this unfavorable criticism
and describes him as respectable but stupid. Yet the fact remains,
that the authorities in England held him sufficiently in esteem to send
him to New York as lieutenant-governor under the Duke of York, and
to New England as governor and captain-general of the united
Dominion, which included New York and New Jersey as well as New
England proper; and after a complete revolution in politics in England
Andros was the man selected for the best position in the gift of the
Board of Trade and Plantations, the governorship of Virginia. A man
who had served the Stuarts well and faithfully, even incurring the
odium which naturally attached to the agents of their unpopular
measures, must have exhibited something more than dull stupidity,
to recommend him to the officials of the Revolution. The career of a
public servant under so many administrations must, at any rate, be
of interest to all students of American history.
It is the unfortunate fate of many excellent and useful officials,
that, in the performance of their duty to the state, they are obliged to
render themselves personally unpopular. It may freely be admitted
that the British crown was generally unfortunate in the selection of its
representatives in the American colonies; but, by a strange injustice
of history, many of the utterly bad ones have had their faults
forgotten or condoned, while one of the most able and efficient of
them all, in spite of the careful and scholarly works in which his
character has been vindicated, remains pilloried in the popular
histories of the American colonies as a tyrant and oppressor.
The caustic pens of the Mathers and the bitter spite of the early
New England historians have drawn for us an Andros whose
haughty and vindictive face rises before the mind whenever the
name is mentioned. Local patriotism in Connecticut has created a
series of poetical myths in regard to his administration, which tend to
obscure the sober truth of history. New York has more grateful
memories of the governor who secured and extended her dominion
and by his wise and steady policy protected her from her most
dangerous foes. Virginia is less grateful as yet, the unfortunate
quarrel of Andros with the clergy sufficing to obscure the many
material benefits conferred on clergy and laity alike by his wise
administration. It is a curious fact, that both in Virginia and in New
England Andros failed to please the ecclesiastics, different as they
were; but, by those who are not prejudiced in favor of spiritual
domination, this will hardly be considered as a reproach.
The true reason of the hatred of Andros in New England, and of
his failure for so long to obtain justice in New York, was that he was
the agent appointed to carry out the plan of uniting the scattered and
discordant colonies into one strong Dominion. The separatist spirit of
those who preferred their petty local privileges to the benefits of the
union, that spirit which has been so dangerous to the country
throughout the whole course of its history, was at that time
successful, owing to the entirely disconnected circumstance that the
consolidation was urged by the ministers of a king who was
misgoverning his people in England. In carrying out these measures,
the letter of the law seemed to the colonists to be strained to the
utmost as against what they considered their popular rights, and the
fate of corporations in England alarmed the similar chartered bodies
in America. James II., by his foolish and wicked projects in England,
discredited his really statesmanlike object in America; the union, so
desirable in itself, was discredited by the methods used to effect it,
and the narrow theory of colonial integrity and independence
survived to plague the descendants of the men who maintained it. It
is important always to discriminate between the object sought and
the means used to effect it. Had the consolidation been successful,
James would be looked back upon as a public benefactor, and the
motto from Claudian upon the seal of the Dominion, “Nunquam
libertas gratior exstat” which reads like a mockery, would have been
as dear to a united people as the “E pluribus unum” which they
afterwards adopted.
New England historians have always found it difficult to admit
that there could be any good in a man who adhered to the fortunes
of the Stuarts, or who worshipped in the church over which Laud had
been primate. But the time that has elapsed since the period of
struggle should have mitigated, if not utterly extinguished, the
ancestral hostility of Puritan and Prelatist. Men are learning (under
the influence of commemorative festivities) to revise their opinions in
regard to the harshness and unloveliness of the Fathers of New
England; and it is to be hoped that, before long, justice may be done
to the honesty of conviction and conscientiousness of purpose that
inspired those who have been so long described as “malignants.” Is
it too much to hope that men will be able to see that the Englishmen
who charged with Rupert, and the Englishmen who prayed and
smote with Oliver, were both contending for a principle which was
dearer to them than life—the principle of stern resistance to the
violation of constitutional law? If we honor the men who hated the
arbitrary government of the Stuarts, it is unfair to condemn those
who hated the far more arbitrary government of the Rump and the
Protector.
Edmund Andros was born in London, December 6, 1637, of a
102
family that was eminent among the adherents of Charles I. His
father, Amias Andros, was the head of the family; he possessed an
estate upon the island of Guernsey, and was royal bailiff of that
island. His mother was Elizabeth Stone, whose brother, Sir Robert
Stone, was cup-bearer to the unfortunate Elizabeth the
dispossessed Queen of Bohemia and Electress Palatine, and was
also captain of a troop of horse in Holland.
 At the time of Edmund’s birth, his father was marshal of
103
ceremonies to the king; and the boy was brought up in the royal
household, very possibly on terms of intimacy with the young princes
whom he afterwards served, who were only slightly his seniors. For a
time he is said to have been a page at court; but if this be true, it
must have been when he was extremely young, as court life ceased
to have charms, if not absolutely to exist, after the civil war broke out
in 1642, and at this time the boy was but five years old.
Faithful to the fortunes of his masters in discouragement and
defeat, we find the lad in Guernsey with his father, defending Castle
Cornet manfully against the Parliament, and, after its surrender,
receiving his first lessons in the field in Holland under Prince Henry
of Nassau. (It is a curious fact, trifling in appearance, but possibly not
without significance, that during the last year of the Commonwealth,
and at the time of the restoration, Increase Mather was chaplain of
some of the troops in Guernsey, and may have, even at that early
date, formed the bitter prejudice that is so evident in his later
104
actions.) The services of the Andros family were so conspicuous
in this period of trial and discouragement, that Edmund with his
father and his uncle were specially exempted by name from a
general pardon that was issued to the people of Guernsey by
Charles II. on his restoration, on the ground that they “have, to their
great honor, during the late rebellion, continued inviolably faithful to
his majesty, and consequently have no need to be included in this
105
general pardon.”
The young soldier, who found himself restored to home and
safety at the age of twenty-three, had passed a stormy youth; his
natural boyish loyalty had been strengthened by what he had
suffered on account of it. He had seen those whom he most
respected and revered dethroned and exiled, living as pensioners on
the grudging bounty of inhospitable princes. He had seen the legal
government of England subverted by force of arms by men whose
professions of their respect for law were never louder than when
they were overthrowing it, and had seen England ground down
under the harsh rule of a military despotism. He had seen the orderly
and regular services of the Church of England proscribed, its
ministers turned out of their parishes to make room, not only for
severe Presbyterians and iconoclastic Independents, but for ranting
sectaries who made the name of religion a by-word and a mockery. It
cannot be wondered that the young cavalier grew up deeply
impressed with the horrors of rebellion and usurped authority, and
with the conviction that much might be sacrificed for the sake of
lawful and regular government, or that, being as he was a member of
the church that had been proscribed and persecuted during the reign
of the self-styled “godly,” he should have been rendered all the
warmer in his attachment to her orderly and decent rights and
ceremonies, as by law established.
It should be remembered that the severity shown to the
Dissenters at the Restoration came largely from their close
association with the civil war and the government of the
Commonwealth. The cloak of religion had been made to cover the
overthrow of the liberties of Parliament, the killing of the king, and
the rule of Cromwell; and it is not unnatural, though most regrettable,
that the victorious cavaliers should have failed to make the proper
distinction between dissent and rebellion.
A knowledge of these early conditions of the life of Andros is
necessary for a comprehension of his character. They show the
influences which tended to form in him his most notable
characteristics: loyalty to his sovereign, a passion for regularity and
legal methods in the management of affairs, and a zeal for the
Church of England. The promotion of the young soldier followed
quickly, as he continued to display the fidelity and capacity of which
his boyhood had given promise. His uncle’s position in the
household of the Queen of Bohemia determined the direction of his
promotion, and the nephew was made gentleman-in-ordinary in the
same household in 1660, a position more honorable than
remunerative, which was soon terminated by her death in 1662. His
military training was developed by the war with the Dutch, in which
he won further distinction and made his first acquaintance with
106
America and American affairs. The position he had held in the
court of the exiled queen won him a wife in 1671, in the person of a
young kinswoman of the Earl of Craven, who had been the devoted
107
servant, if not the husband, of Elizabeth. This Lord Craven was
the one officer of the army who remained faithful to James II. to the
last, and, though eighty years old, put himself at the head of his
regiment of body-guards to defend the king from insult, when William
of Orange was already in London.
The court positions held by Andros in the reign of Charles II. are
not those of a brilliant young cavalier, or a roystering blade of the
Restoration who only cared for place and plunder, wine and women;
they indicate rather that passionate devotion to the house of Stuart,
which the most worthless of that line were always able to inspire,
devotion generally recompensed by gross ingratitude. His marriage
was evidently, from the prominence Andros himself gives to it, a high
connection for a simple country gentleman to make, but it did not
have the effect of detaching him from a soldier’s life; for in the same
year he appears still as major of the regiment that had been in
Barbadoes, and even at that time he had obtained the reputation of
108
being well versed in American affairs.
When this regiment was disbanded, Major Andros received a
new commission in a dragoon regiment that was raised at that time
for Prince Rupert, in which his four companies were incorporated,
109
the first English regiment ever armed with a bayonet. This was
the period when the proprietors of Carolina were drawing up their
remarkable feudal constitution and dividing up lands and titles
among themselves. Lord Craven, who was one of the proprietors,
seeing the interest that Andros took in American affairs, procured
him a patent conferring upon him the title and dignity of a margrave,
together with four baronies containing some forty-eight thousand
acres, to support the title. This gift, however, was only valuable as a
token of his friend’s esteem.
At his father’s death in 1674, he succeeded him in his seigniory
110
of Sausmarez and in the office of bailiff of Guernsey. He was not,
however, fated to dwell in quiet and cultivate his father’s acres; for at
the end of the second Dutch war, when his regiment was mustered